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Posted

I have read and re-read Texas's code concerning all manner of beer/wine/spirit production. I have yet to find anything that specifically prohibits a distiller from holding a wholesaler's permit.

There are several other things spelled out (I assumed due to recent legal changes becoming less strict) that allow additional rights for wineries and (less than 75k bbl per year) breweries.

I found a line prohibiting retail permit holders from having any share of a wholesaler/manufacturer...but nothing concerning DSP and wholesale.

Can anyone clear that up for me?

I thank you for your time.

Posted

The way I read it (not a lawyer), the restriction is spelled out in the Texas alcoholic beverage code. Look at chapter 102. Sections 102.09, 102.10, and 102.11 seem to spell it out pretty clearly that a manufacturer cannot have any business interest in a wholesaler.

I have read and re-read Texas's code concerning all manner of beer/wine/spirit production. I have yet to find anything that specifically prohibits a distiller from holding a wholesaler's permit.

There are several other things spelled out (I assumed due to recent legal changes becoming less strict) that allow additional rights for wineries and (less than 75k bbl per year) breweries.

I found a line prohibiting retail permit holders from having any share of a wholesaler/manufacturer...but nothing concerning DSP and wholesale.

Can anyone clear that up for me?

I thank you for your time.

  • 4 weeks later...
Posted

Sec. 102.01. TIED HOUSE PROHIBITED. (a) In this section, "tied house" means any overlapping ownership or other prohibited relationship between those engaged in the alcoholic beverage industry at different levels, that is, between a manufacturer and a wholesaler or retailer, or between a wholesaler and a retailer, as the words "wholesaler," "retailer," and "manufacturer" are ordinarily used and understood, regardless of the specific names given permits under Subtitle A, Title 3, of this code.

As simple a statement of the three-tier system as you'll find.

It then goes on to break it down into every possible situation, ad nauseum.

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